1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A dump trucks (hereinafter “Plaintiffs”). The Defendant is the construction manager of national highways No. 38.

B. On October 29, 2012, around 14:32, 2012, B, driving the Plaintiff’s vehicle, and driving the front point of the national highway 38, which is located in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Gangwon-do, with the central line and driving forward the tunnel management office in front of the tunnel management office, while driving the front point of the national highway 38, which is located in the Young-gu, Young-gu, Young-gu, Young-gu. On the opposite direction, C was damaged by the collision between the front part of the C Driving D's D's drive, which was proceeding in the opposite direction, and the rear part of the right part of the Plaintiff

(hereinafter “instant accident”). C.

The Plaintiff paid insurance money of KRW 28,120,480 as the medical expenses and agreed money of KRW 10,870,000 as the damages for the damage of the said vehicle from the so-called so-called so-called “damage”).

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 6 (including each branch number, if any) and the purport of the whole pleadings

2. Although the location of the Plaintiff’s assertion is of a structure that can enter a lane in the opposite direction through the tunnel management office, there is a defect in which there is no sign prohibiting ordinary vehicles from entering the tunnel management office in the future, or a warning sign that ordinary vehicles may enter the tunnel management office before the tunnel management office, and thus, the Defendant is liable to pay to the Plaintiff who subrogated to the victim C an amount equivalent to the ratio of liability.

3. "Defects in the construction and management of public structures" under Paragraph 1 of Article 5 of the State Compensation Act refers to the state where the public structures are not in a state of safety that they have to have ordinary safety according to their use. In the construction and management of public structures, they have high level of safety to the extent that they always maintain a state of completeness.